Australian Securities and Investments Commission v Choosi Pty Ltd, in the matter of Choosi Pty Ltd (liability) [2026] FCA 1196 — Consumer Law & Meaning Of ‘range’ — Barrister AI
Australian Securities and Investments Commission v Choosi Pty Ltd, in the matter of Choosi Pty Ltd (liability)
contraventions of ss 12DB(1)(a), 12DB(1)(e) and 12DF of the Australian Securities and Investments Commission Act 2001 (Cth)
where defendant caused to be published or broadcast a large number of television advertisements, television advertorials, Facebook advertisements and website content in Australia
where material promoted the defendant’s comparison service for life and funeral insurance policies
Quick Take
1Where a comparison service promotes itself as comparing products from a 'range' of insurers, brands or providers, the word 'range' in the context of an insurance comparison service conveys to ordinary and reasonable consumers a comparison across more than two insurers — the meaning is determined not by dictionary definition in the abstract but by the commercial context of the service being promoted
2General service-description pages on a multi-product website (such as homepages, 'about us' and FAQ pages) convey representations about each specific product category offered, not merely about the business at a level of generality untethered to any particular insurance type; ordinary consumers read such pages in the context of the specific insurance product they are seeking to compare
3Subsequent telephone disclosures that do not reveal the true position (here, that all compared policies were issued by a single insurer) cannot cure misleading representations already conveyed by advertising and website content, because the contravention occurs when consumers are drawn into the 'marketing web' by the erroneous belief, even if the true position might emerge before a transaction is concluded
